Terms

MaryEllenFlora.com Terms, Conditions and Legal Notices

Agreement Between User and maryellenflora.com

Access to and use of this Web site and its content are subject to the disclaimers, terms, conditions and legal notices below. By accessing and using this Web site, the User agrees to be bound to all such terms, conditions, and notices without modification to the “Agreement”.

Use of maryellenflora.com

User represents and warrants that he or she possesses the legal right and ability to enter into this Agreement and to use this Web site in accordance with all terms and conditions herein. User agrees to be financially responsible for all use of this Web site. User agrees not to assign, transfer or sublicense User rights pursuant to this Agreement. This Web site is for the User’s personal, noncommercial use only. User agrees not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site without the written authority of maryellenflora.com , and its affiliated nonprofit corporation: Church of Divine Man (hereafter collectively called “CDM”). User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy this Web site or the content contained therein or for any other unauthorized purpose. User agrees not to use any device, software or routine to interfere with or attempt to interfere with the proper working of this Web site or any activities conducted on this site. User agrees not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. CDM reserves the right to investigate any illegal and/or unauthorized use of this Web site, including, but not limited to, unauthorized framing of this Web site or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.

Use of ContentAll information, materials, functions and other content contained on this site are the copyrighted property of CDM. All trademarks, service marks, trade names, and trade dress are proprietary to CDM. We may change the maryellenflora.com site or delete content at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no content from any CDM site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the CDM site, except that where a CDM site is configured to enable the download of particular content, you may download one copy of such content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the content, and (c) do not use the content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of CDM sites is prohibited.

Content Submitted for Use on maryellenflora.comIn submitting content to CDM, you are giving permission to use your name and written materials for use on maryellenflora.com. You certify your legal ownership of and right to authorize such use. You acknowledge that you will not receive any compensation for the use of this material and hereby release CDM and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.

Liability DisclaimerThe information, software, products, and services published on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. CDM may make improvements and/or changes in this Web site at any time. CDM and/or its suppliers make no representations about the suitability of the information, software, products, and services contained on this Web site for any purpose. All such information, software, products, and services are provided “as is” without warranty of any kind. CDM and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. This website’s content is not a substitute for medical care or for the advice of your physician, psychiatrist, or therapist. If you are experiencing any specific medical or mental health problems, it is your responsibility to immediately seek and to rely upon advice from your Professional caregiver. Nor is the website content intended to be a substitute for legal, accounting, investment or financial planning advice and all of such issues should be discussed with your own qualified professional advisor.

In no event shall CDM and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Web site or with the delay or inability to use this Web site, or for any information, software, products, and services obtained through this Web site, or otherwise arising out of the use of this Web site, whether based on contract, tort, strict liability or otherwise, even if CDM and/or any of its suppliers has been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Links to Third Parties’ Web sitesThis Web site may contain links and pointers to Internet sites maintained by third parties. CDM does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by CDM and/or its suppliers. User assumes sole responsibility for use of third party links and pointers. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control.

Software Available on This Web SitePlease note that all software, including without limitation all HTML code and Active X controls contained in this Web site, is owned by CDM and/or its suppliers and is protected by intellectual property and other laws, including without limitation copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

IndemnityAs a condition of use of this Web site, the User agrees to indemnify CDM and its suppliers from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

Use of Bulletin Board, Chat Rooms, Surveys and Other Communications Forums to the extent that this Web site contains bulletin boards, chat rooms, survey or other communication facilities (“forums”), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not:

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

• Falsify the origin or source of software or other material contained in a file that is uploaded.

• Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose.

• Download any file that the User knows, or reasonably should know, cannot be legally distributed via this Web site.

User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by CDM, and applicable law. CDM reserves the right for any reason to remove without notice any contents of this Web site received from users, including without limitation bulletin board postings. CDM reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice. CDM reserves the right to edit any notices or postings for clarity and length. The User acknowledges that chats, conferences, bulletin boards and any other such communications forums hosted by this Web site are public and not private communications. Further, the User acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by CDM, and such communications shall not be considered reviewed, screened, or approved by CDM.

Service ContactIf you wish to contact us, please use the information listed below to reach CDM. Please include your name and address in all correspondence.

This Agreement is governed by the laws of the State of Washington, U.S.A., without reference to conflicts of laws provisions. User consents to the exclusive jurisdiction and venue of courts in Snohomish County, Washington, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Any rights not expressly granted herein are reserved.

Privacy PolicyYou may give us personal information about you, such as your name, your contact email and other contact details on various places on our website. This privacy policy describes how we collect and use your personal information.

CDM websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on CDM or the site; (b) protect and defend the rights or property of CDM (including enforcing this agreement); and, (c) act under exigent circumstances to protect the personal safety of users of maryellenflora.com, or the public. We might contact you from time to time regarding your purchases or the services (like forums and announcement lists) you have subscribed to.

We may also send you promotional announcements from time to time about new products and services that you might find useful.

You may also opt out from receiving information from us at any time and ask us to remove your contact information from our database.

Access to Personally Identifiable InformationIf your personally identifiable information changes, or if you no longer desire our service, you may correct, update, request deletion on our site by emailing us at cdm@c-d-m.org. We will respond to all access requests within 30 days. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

If you request that your user information be deleted from our records, there may be a brief delay in our processing that request, while we verify that the request is valid and originates from you as opposed to an unauthorized third party. If you request that your information be deleted, we reserve the right to terminate and/or limit your access to the Mary Ellen Flora website.

Security of your Personal InformationNo method of safeguarding information is 100% secure. CDM uses a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. CDM secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When sensitive personal information (such as a credit card number) is collected on our site and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, in the event of a breach of security through the unlawful conduct of others, CDM will not be responsible for consequential or resulting damages which may result.